Reply to Husband’s Announcement

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[quote=Anonymous][quote=Anonymous][quote]

Anonymous wrote:

Former family law attorney here: Under uniform child custody laws which govern in nearly all US jurisdictions, the relocating parent rarely gets custody over objection of the parent staying in the child’s home jurisdiction. The child’s home jurisdiction is presumed to be the place the child has resided for the previous six months or longer. The family court always looks to the context in which the child is currently being raised for the purposes of evaluating best interests and where the most extensive supports exist for the child to rely on during the difficult adjustment process post-divorce, which is a trauma for children. Finally, many times one parent is able to keep the family home by combining their income with their child support in order to maintain payments so it isn’t out of the realm of possibility but it certainly matters how much they are overextended in the area of housing costs as percentage of household budget.

OP, please do consult with a family lawyer ASAP to get concrete answers to your many questions from someone practicing in your jurisdiction who can help you understand your options and likely outcomes of a custody battle with your spouse.

I’ve been through this and I see no way that he relocates unilaterally without the children and wins a custody battle. It only works for him if he gets her to relocate and the files, or if he doesn’t want custody which it sounds like he won’t. He is playing hardball and her only decision is whether she wants life with him in the new place, life with him in the new place divorced, or life where she is divorced. This is not an easy place to raise kids on one income.[/quote]

Question for family law poster above---do you think that the increasing political divisions will result in family court judges in red states ruling differently, and in favor of the relocating parent, by claiming that the parent choosing to remain in the blue/purple area IS harming their children?  The far right has gone authoritarian by claiming that they, and only they, know what is best for women and families---so it would not surprise me to see a conservative judge in those areas rule in favor of whichever parent most closely aligns with the judge's own political beliefs.[/quote]

Nothing would surprise me, I have seen absurdity handed down from the family law bench on more than one occasion. A lot of judges are men and while we would like to thing the court is an unbiased forum for all to be heard fairly anyone whose ever actually litigated in family and criminal and civil courts in this country knows that there are real failings and some of them are because too many judges are guided by personal bias.

Didn’t some judge in rural Virginia or someplace near to there just actively assist a military officer in stealing a baby from an Afghan refugee family, after all? I see stuff like that and while it enrages me it doesn’t surprise me given how much ignorance I’ve seen from the bench. Other people are horrified and think it must be an anomaly. America’s courts -!especially in rural America - are not all that. [/quote]

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